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Justices: Ex-wife must agree to lower sales price

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The Indiana Supreme Court unanimously held that a trial court had no authority to modify a property agreement made by ex-spouses and that the ex-wife is entitled by law to refuse to waive a provision that neither party had to accept a sale that was below specified minimums.

When Sean and Dee Anna Ryan divorced in 2008, they agreed to sell a property they had in Granger and a lake house in Michigan. Until the properties sold, Sean Ryan would pay 75 percent of the mortgages; Dee Anna Ryan would pay the remainder. In the agreement, the two could “bind” each other to accept a purchase price as long as the “resulting net proceeds” equaled at least $1.1 million on the Granger house and at least $300,000 on the lake house.

For two years, the properties hadn’t sold, so Sean Ryan sought a motion for relief from judgment pursuant to Indiana Trial Rule 60(B)(8) so that the court could order that the properties will be sold at the prevailing fair market value and he could accept a price lower than stated in the agreement without his ex-wife’s consent.

The trial court denied the request, but the Court of Appeals ordered the court to hold an evidentiary hearing on the motion.

The justices agreed with the trial court that it didn’t have authority to modify the property-distribution agreement without Dee Anna Ryan’s consent. The agreement was incorporated and merged into the divorce decree and did not provide for, nor did the parties consent to, modification, Justice Frank Sullivan wrote.

A court can have authority to resolve a dispute over the interpretation of a settlement agreement or property-division order, he noted, and the court’s task would be one of contract interpretation.

In the instant case, the justices found that the Ryans’ agreement as to the disposition of their properties is unambiguous. As a matter of contract law, Dee Anna is bound to agree to the sales prices for the properties that would produce net proceeds less than those stated in the agreement.

“We conclude by saying that, in writing this opinion, we have been struck by the recurrence of several fact patterns that have been avoidably problematic – the use of specific dollar amounts rather than percentages, the failure of a QDRO’s terms to conform to ERISA requirements, the failure to provide a contingency if the marital residence cannot be sold – and trust that practitioners and judges alike will contemplate them in their work as well,” Sullivan wrote.

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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